JONES v. JONES

No. 355.

54 Wis.2d 41 (1972)

194 N.W.2d 627

JONES, Respondent, v. JONES, Appellant.

Supreme Court of Wisconsin.

Decided February 29, 1972.


Attorney(s) appearing for the Case

A brief was submitted for the appellant by Harry W. Theuerkauf of Milwaukee, and for Thomas Jones, a minor child, by Heiner Giese of Milwaukee, guardian ad litem.


HEFFERNAN, J.

Under the rules of this court, sec. (Rule) 251.57, Stats., we may reverse "as of course" when a cause is submitted by the appellant but not by the respondent. Under the rules, such reversal would be appropriate. We decline to do so under the circumstances of this case.

We have said that in cases involving family matters we would hesitate to reverse "as of course" under sec. 251.57, Stats. We said in Onderdonk v. Onderdonk (1958),

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